(1.) By a dead of endowment, dated 18 June 1892, one Baidyanath Shea, a Hindu governed by the Bengal School of Hindu law, dedicated certain property to an idol, which he had previously established at his family dwelling-house.
(2.) By the terms of the said deed, he provided that he should be the first shebait and after his death his mother and after her death his youngest brother, Dwarkanath Shee, defendant 1, in the present suit, and after his death it was provided that the office should devolve on the eldest lineal defendant of defendant 1 in the male line.
(3.) It was further provided that if any shebait should cause harm to the debattar estate, then the other brothers and brothers sons of Baidyanath Shee should be entitled to remove him and appoint another member of Baidyanath Shee's family in his place.